Agenda item

Context:

 

To provide members with an update on the implementation of the policy

‘Management of Commercial Obstructions in The Highway’ and to consider

whether any amendments to the policy be recommended to Cabinet.

 

Key Issues:

 

Following an extensive review by Strong Communities Select Committee in July 2016 Cabinet adopted a new policy for the management of Commercial

Obstructions in the Highway. This generic title embraces policies regarding

fly posting, placing benches, displaying banners etc. within the public highway and in particular approved the implementation of a new policy to manage items placed in the highway such as A boards, displays, tables and chairs.

 

In relation to A boards, displays, tables and chairs etc, the policy adopted a

strategy of meeting with individual businesses, agreeing what might be placed in the public highway (effectively on footways and public spaces) and issuing a permit to each individual business (that is approved by the highway authority) to place an item/s on the public highway for the benefit of

the business.

 

The implementation of the policy commenced early in this year but the revaluation of business rates by government created significant concern and

disquiet within the business community.

 

Members became aware of the additional financial hardship arising from the

new NNDR regime and that this coincided with the continued roll out of the

obstructions in the highway policy.

 

To allow members the opportunity to review the overall impact upon the business community the roll out of the policy was paused. It has remained

in abeyance awaiting this report which offers members the opportunity to review the policy and make any recommendations to Cabinet regarding amendments to the policy.

 

In reviewing the existing policy members may consider the following points

of particular relevance:

 

The previous policy (i.e. that prior to the policy adopted in July of last year)

adopted a blanket approach to the management of items in the highway.

Policing of the policy was ad hoc and often in response to complaints. The

new policy sought to work with individual businesses to approve displays

where a safe route for pedestrians could be maintained.

 

Although representation at the time suggested to the contrary businesses have no right to place any item in the public highway without the permission of the highway authority. Without such authority the council is at risk for allowing unauthorized objects to be placed in the highway and the individual business may at least be uninsured for any third party claims and at worst subject to prosecution by the highway authority for placing items in the highway without approval.

 

The concept of the policy (i.e. permitting individual businesses) is consistent

with those adopted in various other local authorities in the region (appendix

1, part 2, page 7 of the Cabinet report of 6th July 2016), although the charges vary between authorities. Not all local authorities presently use a permit system for managing obstructions in the highway.

 

 

A local businessman Damian Cole, Managing Director of Get Connected, Abergavenny attended the meeting to speak on this item and made the points;

 

·         He owns a coffee shop in St John’s square which has 6 benches outside

 

·         The MCC adopted LDP from 2014-21 states that a key objective is to sustain and enhance the County’s main towns

 

·         As opposed to the proposed charges for A boards and outside seating the Council would do better to work with local businesses to attract more footfall rather than charge for sitting outside

 

·         Another local business which has a small interior relies on the outdoor seating for customers

 

·         Customers with bikes and dogs would be deterred

 

·         A large number of local businesses would be affected

 

 

 

Member Scrutiny:

 

The scheme is better in that it looks at individual businesses but small local business are under extreme pressure. Although other Councils have implemented the charges, in most cases they are not rural Counties such as Monmouthshire, who are desperate to get people into the towns.

 

Members felt that the charges were too high and although they agreed that having a policy in place was essential, the financial pressure of the charges on local businesses would be too great.

 

A Member commented that there must be a system in place so that we can inspect and regulate items placed on the highway.

 

It was felt there are safety issues with items on the highway, especially partially sighted and people with prams. It was felt that if the A boards could be anchored so that they remained in one place, this would be useful to the partially sighted.

 

A Member felt that by having items on the highway that businesses were increasing the size of their business, increasing revenue and as such the charges were reasonable.

 

It was commented that with business rates increasing this new charge would be untenable for small local businesses.

 

A Member commented that reducing traffic movement in Abergavenny would be an option introducing shared access.

 

Members felt that if space allowed for a larger footprint, the business should be allowed to use that space.

 

 

Committee’s Conclusion:   Members did not want the current permit scheme removed as maintaining and controlling items placed on the highway was essential to provide a safe route.   Upon taking a vote, the majority of the Committee asked that the recommendation of no charge was taken to Cabinet.